Regulation 18 Reviews
Where a Local Health Board decides to—
impose or vary conditions imposed under regulation 12, 13 or this regulation, or
suspend the practitioner under regulation 14(1)(a) or (b) except where the suspension is continuing by order of the First-tier Tribunal,
it may, and if requested in writing to do so by the practitioner must, review its decision.
Where a Local Health Board decides to—
agree conditions with the practitioner under regulation 14(7)(b) or (13)(b), and
allow the practitioner to resume practice subject to those conditions under those paragraphs,
it may, and if requested in writing to do so by a practitioner must, review its decision.
On a review under paragraph (1)(a), the Local Health Board may—
maintain, vary or remove the conditions,
impose different conditions, or
remove the practitioner from the relevant performers list.
On a review under paragraph (1)(b), the Local Health Board may—
maintain, vary or lift the suspension,
allow the practitioner to resume practice during a period described in regulation 14(1) subject to conditions it has agreed with the practitioner, or
remove the practitioner from the relevant performers list.
On a review under paragraph (2), the Local Health Board may—
agree the same or varied conditions with the practitioner,
remove the conditions, or
remove the practitioner from the relevant performers list.
A practitioner may not request a review of a decision by the Local Health Board before the expiry of a 3 month period beginning with the date of that decision.
After a review has taken place, the practitioner may not request a further review before the expiry of 6 months from the date of the decision of the last review.
Before conducting a review under paragraph (1), the Local Health Board must give the practitioner—
notice of any allegation against the practitioner,
notice of what action the Local Health Board is considering and on what grounds,
the opportunity to make written representations to the Local Health Board within a period of 28 days of the date of the notification under sub-paragraph (b), and
the opportunity to put the practitioner’s case at an oral hearing before the Local Health Board, if the practitioner so requests within the 28 day period mentioned in sub-paragraph (c).
After consideration of any representations made under paragraph (8)(c) and any oral hearing held under paragraph (8)(d), the Local Health Board must make its decision and, within 7 days of making that decision, notify the practitioner of—
the decision,
the reasons for it (including any facts relied upon),
any right of appeal under regulation 19, and
the right to a further review under this regulation.
When a Local Health Board notifies a practitioner under paragraph (9)(c), it must—
notify the practitioner that the right of appeal must be exercised within the period of 28 days beginning with the date on which it gave the practitioner notice of its decision, and
inform the practitioner as to how to exercise any such right.
The Local Health Board may not review—
a decision to suspend a practitioner under regulation 14(1)(c) or (d), or (2) (suspension), or
a decision to impose conditions on the inclusion of the practitioner in a performers list whose inclusion in the performers list has been refused under regulation 8(4)(f) or (g) (decisions and grounds for refusal).